Terms of Service for Ascender Pro Companies, LLC DBA Kael Escobar, Fractional CMO

Effective Date: [Insert Date]

Welcome to Ascender Pro Companies, LLC DBA Kael Escobar, Fractional CMO (“we,” “us,” or “our”). These Terms of Service (“Terms”) govern your access to and use of our website [kaelescobar.com] (the “Site”), our services, and any content, functionality, or features provided through the Site (collectively, the “Services”).

By accessing or using the Site or our Services, you agree to these Terms. If you do not agree to these Terms, please do not use the Site or our Services.

1. Acceptance of Terms

By using our Site, you affirm that you are at least 18 years of age and capable of entering into a legally binding agreement. If you are using the Site or Services on behalf of an organization, you represent and warrant that you have the authority to bind the organization to these Terms.

2. Services Overview

We provide fractional Chief Marketing Officer (CMO) services and digital marketing consulting to businesses. Our Services include, but are not limited to, marketing consultations, strategy development, execution of marketing plans, and access to proprietary resources, such as our Digital Marketing Playbook.

3. User Responsibilities

You agree that you will use the Site and Services only for lawful purposes and in accordance with these Terms. You further agree that you will not:

  • Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
  • Use the Site for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way.
  • Impersonate or attempt to impersonate Ascender Pro Companies, LLC, any other user, or any other person or entity.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Engage in any other conduct that restricts or inhibits anyone’s use of the Site, or which, as determined by us, may harm the company or users of the Site, or expose them to liability.

4. Intellectual Property Rights

The content, features, and functionality provided on the Site, including but not limited to text, graphics, logos, images, and software (the “Content”), are owned by Ascender Pro Companies, LLC or its licensors, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the Content for personal, non-commercial use. You may not copy, reproduce, distribute, or create derivative works from any part of the Content without our prior written consent.

5. Disclaimers

  • No Guarantees: We strive to provide high-quality marketing advice and services. However, we cannot guarantee specific outcomes, sales figures, or results from implementing our Services, including the use of the Digital Marketing Playbook. Marketing results depend on many factors beyond our control, including the client’s own execution.

  • As-Is and As-Available Basis: The Site and Services are provided on an “as-is” and “as-available” basis without any warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

6. Limitation of Liability

To the fullest extent permitted by applicable law, Ascender Pro Companies, LLC will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of revenue, profits, business, or data, arising from your use of or inability to use the Site or Services, even if we have been advised of the possibility of such damages.

In no event will our liability exceed the amount paid by you to us in the 12 months preceding the date of the claim.

7. Refunds and Guarantees

We stand by the quality of our Services. However, we do not offer refunds for Services rendered unless expressly stated in writing. In the event we offer a specific guarantee, such as our “Fractional CMO Never Heard of Guarantee,” the terms of such a guarantee will be clearly outlined in the associated contract or agreement and will be binding only if you adhere to the conditions of that agreement.

8. Third-Party Links and Services

Our Site may contain links to third-party websites or services that are not owned or controlled by Ascender Pro Companies, LLC. We are not responsible for the content, privacy policies, or practices of any third-party websites or services. You agree that Ascender Pro Companies, LLC will not be liable for any loss or damage arising from your use of third-party websites or services.

9. Termination

We reserve the right to terminate or suspend your access to all or part of the Site or Services at any time, for any reason, without prior notice or liability. Upon termination, all provisions of these Terms that should survive termination, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability, shall remain in effect.

10. Changes to These Terms

We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when posted. Your continued use of the Site following the posting of revised Terms constitutes your acceptance of such changes.

11. Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Minnesota, without regard to its conflict of law provisions. Any disputes arising from these Terms or your use of the Site or Services will be subject to the exclusive jurisdiction of the state and federal courts located in Minnesota.

12. Contact Information

If you have any questions, concerns, or comments about these Terms, you can contact us at:

Ascender Pro Companies, LLC DBA Kael Escobar, Fractional CMO
Email: [email protected]
Location: Minneapolis, MN, USA